Motorbus moves over 250,000 people around Miami each day. While the vast majority of buses travel safely over the nearly 100 routes, there are occasional accidents that cause severe injuries. For example, in May 2019, a Metrobus was involved in a head-on collision with an SUV that killed the other driver. In February 2020, a person was killed when a Metrobus crashed into a bus stop. If you have been injured in a crash with a Metrobus, you may be entitled to financial compensation.
A lawsuit against Metrobus will have many similarities to a personal injury lawsuit, but plaintiffs must also be aware of the differences because they could impact whether you can sue. Metrobus is operated by the Miami Department of Transportation and Public Works. This is part of the city government, and lawsuits against MDTPW follow the same rules as if you were suing any other government agency. For this reason, it’s critical to consult with a Miami personal injury lawyer before starting your claim.
In Some Cases, You Can Sue the City
Usually, the government would be immune from lawsuits under a doctrine known as “sovereign immunity.” Fortunately for victims, Florida Statutes Section 768.28 has authorized certain claims, including personal injury lawsuits.
These claims are different from claims against private parties in that there is a cap on lawsuit damages and you must give the City of Miami notice of the lawsuit. Then, you need to wait six months after giving notice for the City to possibly settle your claim (Tip: They almost never do) before filing a lawsuit. There is a limit of up to $300,000 in damages for all claims relating to a single accident and $200,000 in a single lawsuit. However, that should not mean that you do not seek the compensation that you deserve.
After that, your lawsuit will be judged by the same negligence test as any other personal injury lawsuit. Your case would focus on the driver’s actions that led to your injuries. Bus drivers owe the same duty of care to other motorists and their passengers just the same as anyone who gets behind the wheel. Their employer is responsible for their actions if they breach this duty of care.
Steps to Take After Your Bus Accident
Here is what you should do if you have been injured in an accident with a Metrobus:
- Obtain documentation from the scene of the accident.
- Seek medical treatment for your injuries.
- Hire a personal injury lawyer to represent you.
- Gather evidence of your damages.
- Give notice of your claim to the City of Miami, paying very close attention to the content of your notice. Include enough information for the city to possibly determine that they were at fault.
- File a personal injury lawsuit in court.
You should have a lawyer at the very outset of your case. Your attorney can investigate the circumstances of your accident and could obtain information that will be helpful in proving liability.
Contact a Miami Personal Injury Attorney Today
At Flagler Personal Injury Group, we are experienced lawyers who help car accident victims by working for the compensation that they deserve. Whether the defendant is a private citizen or the government, we fight just the same. Call us today at (305) 424-8455 or contact us online to schedule your free initial consultation.